Item No: AIR Agenda Date: 08 Mar Staff Responsible: Chris Rice Prepared For: RE:

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1 Item No: AIR Agenda Date: 08 Mar 2016 Staff Responsible: Chris Rice Prepared For: RE: DESCRIPTION Public Hearing for Zoning Petition TA Petition Information: Request by staff to amend Section of the Waxhaw Unified Development Ordinance to revise the street regulating plan in the downtown area by allowing the Zoning Administrator flexibility in the required street sections. Financial Impact: N/A Action Requested: Close Public Hearing Presenter: Chris Rice

2 TA Board of Commissioners Text Amendment TA Revisions to Section Street Regulating Plan EXPLANATION OF THE REQUEST Petition TA is a request by staff to amend Section of the Waxhaw Unified Development Ordinance to revise the street regulating plan in the downtown area by allowing the Zoning Administrator flexibility in the required street sections. REQUESTED UDO CHANGES Section Street Regulating Plan See attached language PLANNING STAFF ANALYSIS Currently Section 21 of Unified Development Ordinance provides for the required street section improvements when properties are developed in the area of the Town of Waxhaw that is in one of the zoning districts in Section 21: Downtown Code. In certain instances this involves changes to the existing improvements, infrastructure and/or other conditions even though the changes may not be practical or advance any identified public purpose. Therefore, staff believes that the Zoning Administrator, after conferring with the Town Engineer, should be able to modify the street type or required widths if it has been determined that the required street section is impractical and/or does not advance a public purpose. PLANNING STAFF RECOMMENDATION Planning Staff recommends approval of TA Staff believes the revision is appropriate and will not adversely affect the public good. Further, it will provide for more appropriate development of streets within the downtown area by allowing street sections to vary to better accommodate differing situations. PLANNING BOARD RECOMMENDATION At the meeting on February 15, 2016, the Planning Board voted unanimously to send a favorable recommendation for TA to the Board of Commissioners. As part of the recommendation, the Planning Board requested staff to modify the proposed language to require the Town Engineer to approve the design of any deviation prior to the Administrator granting the deviation. The original language of the amendment is show in red with the Planning Board requested revisions shown in blue. See attached language Submitted by: Chris Rice

3 21 Downtown Code Street sections shall be assigned based on: Recommendation of any Traffic Impact Analysis of a development. Designated improvements shown in the adopted Downtown Vision Plan which includes recommended improvements for downtown streets, with emphasis on Broome Street and North and South Main Street, and recommendations of any other adopted plans. Right-of-way width. Topography and existing features. Standards of abutting street stubs. The street sections indicate total right-of-way width, sidewalk and streetside zone amenities, parking lanes, travel lanes and other geometric and urban design details. Street configuration and amenities (including parking) are subject to NCDOT regulations. The street types are represented by an abbreviation of the street types in the key above followed by a number, which is the measurement of the total right-of-way width in feet. Administrative Deviation Street Specifications. Many of the ares governed by the Downtown Code involve existing improvements, infrastructure and other conditions which would render the street classification and/or specifications impractical or not advance a public purpose. After conferring with and receiving approval from the Town Engineer the administrator may modify the street type or required widths based upon a finding of the following: 1. There is something peculiar about the lot or adjacent properties that would be a basis for deviating from the required street section: Waxhaw Unified Development Ordinance Amended

4 Downtown Code The physical layout of the project makes adherence to the standard impractical; or 3. Application of the ordinance standard would not serve a useful purpose. The deviation must not adversely affect the public health and safety. The property owner must take any measures recommended and/or approved by the Town Engineer that would reduce the impact of the requested deviation on the adjacent property owners. Waxhaw Unified Development Ordinance Amended

5 21 Downtown Code Waxhaw Unified Development Ordinance Amended

6 Downtown Code 21 Waxhaw Unified Development Ordinance Amended

7 21 Downtown Code Waxhaw Unified Development Ordinance Amended

8 Downtown Code 21 Waxhaw Unified Development Ordinance Amended

9 21 Downtown Code Waxhaw Unified Development Ordinance Amended